Pursuant to Senate Bill 1458, 77th Texas Legislature codified in Subchapter A, Chapter 111, §111.0045, Texas Tax Code, the Comptroller of Public Accounts (Comptroller) issues this Request for Qualifications (RFQ #167h) from qualified independent persons or firms to perform certain services. As a clarification, as used in this RFQ #167h and the Comptroller's rules codified at 34 TAC §3.3, the services under any contracts resulting from this RFQ mean tax compliance examination services; such services do not include any attestation services or rendition of an opinion of any nature by any such contractors.

The Comptroller issued this RFQ #167h by posting it on the Texas Marketplace on February 6, 2004, and, by publishing this RFQ #167h in this issue of the Texas Register . The Comptroller solicits a Statement of Qualifications pursuant to Chapter 2254, Subchapter A, of the Texas Government Code from persons or firms that are interested in contracting with the Comptroller to perform examinations that meet the requirements of §111.0045, Texas Tax Code, administrative rules adopted and procedures established by the Comptroller under that statute, and other applicable law. The Comptroller has adopted a rule governing contract examiners as codified at 34 TAC §3.3. Under this RFQ, the Comptroller reserves the right to select and contract with one or more persons or firms to conduct these examinations on an as-needed basis. No minimum amount of examinations or compensation is guaranteed to any selected contractor.

The Comptroller solicits Statements of Qualifications in response to this RFQ from existing contract examiners as well as qualified persons or firms not currently or previously under contract with the Comptroller. All respondents, including contract examiners selected under previous RFQs (#130c, 137d, 148b, and 157b), must meet all qualifications of this RFQ and attend Mandatory Orientation conducted by the Comptroller prior to receipt of any examination packages under any contract awarded under this RFQ.

By this contract examination program, the Comptroller intends to increase the number of examinations of taxpayers. The Comptroller has implemented a program to contract with interested persons and firms that meet the following minimum qualifications and other reasonable qualifications established by the Comptroller consistent with §111.0045, Texas Tax Code the Comptroller's administrative rules and procedures and other applicable law.

The Comptroller will accept Statements of Qualifications in response to this RFQ from firms and individuals that have the following minimum qualifications:

(i) a bachelor's degree from an accredited senior college or university with a minimum of 24 hours of accounting, including six hours of intermediate accounting and three hours of auditing; and

(ii) one year of experience in Texas tax auditing, accounting, or other Texas tax services.

For state fiscal year 2004, the Comptroller will select, in its sole discretion, those qualified contract examiners to perform examinations on an as-needed and as-assigned basis that the Comptroller identifies as appropriate for inclusion in such contracts. At the time of assignment, the Comptroller will provide selected contract examiners with a preliminary examination package containing the identity and requisite information for each taxpayer that will be examined under the contract. The contracts will provide for one or more awards of $22,500 firm fixed price payment to the examiner upon successful completion of the assigned examinations (final examination package) and the Comptroller's written acceptance of the examination report and other contract deliverables, including workpapers. Awards shall be based on the qualifications of the examiners proposed in the Statement of Qualifications submitted. Individual examiners submitting Statements of Qualification who have no other examiner employees shall be considered, in the Comptroller's sole discretion, for one $22,500 award and individual examiners with at least one employee examiner and firms in the form of any business entity that may lawfully perform examinations and which have two or more examiners may be considered, in the Comptroller's sole discretion, for multiple awards of $22,500. Barring unforeseen circumstances only one round of awards will be made at the beginning of the state fiscal year 2004 contract term; however, the Comptroller reserves the right, in its sole discretion, to make additional awards during the said contract term. Payment will be made in accordance with the terms of the contract. Each $22,500 contract will require the examiner to perform and complete the examinations, including the examination reports, for a group of taxpayers that, based on historical examination completion data, should require about 480 person hours of work to complete at the rate of $46.88 per hour. Examiners will be paid for assigned work completed to date in $11,250 increments (except the last payment, if applicable) upon completion of a set number of the examinations assigned as determined by the Comptroller and, upon submission to and acceptance by Comptroller as provided in the contract

For state fiscal year 2005, the Comptroller will select, in its sole discretion, those qualified contract examiners to perform examinations on an as-needed and as-assigned basis that the Comptroller identifies as appropriate for inclusion in such contracts. At the time of assignment, the Comptroller will provide selected contract examiners with a preliminary examination package containing the identity and requisite information for each taxpayer that will be examined under the contract. The contracts will provide for one or more awards of $60,000 or $75,000 firm fixed price payment to the examiner upon successful completion of the assigned examinations (final examination package) and the Comptroller's written acceptance of the examination report and other contract deliverables, including workpapers. Awards shall be based on the qualifications of the examiners proposed in the Statement of Qualifications submitted. Individual examiners submitting Statements of Qualification who have no other examiner employees shall be considered, in the Comptroller's sole discretion, for one $60,000 or $75,000 award and individual examiners with at least one employee examiner and firms in the form of any business entity that may lawfully perform examinations and which have two or more examiners may be considered, in the Comptroller's sole discretion, for multiple awards of $60,000 or $75,000. Barring unforeseen circumstances only one round of awards will be made at the beginning of the one year contract term; however, the Comptroller reserves the right, in its sole discretion, to make additional awards during the one year contract term. Payment will be made in accordance with the terms of the contract. Each $60,000 contract will require the examiner to perform and complete the examinations, including the examination reports, for a group of taxpayers that, based on historical examination completion data, should require about 1280 person hours of work to complete at the rate of $46.88 per hour and each $75,000 contract will require the examiner to perform and complete the examinations, including the examination reports, for a group of taxpayers that, based on historical examination completion data, should require about 1600 person hours of work to complete also at the rate of $46.88 per hour. Examiners will be paid for assigned work completed to date in $10,000 increments (except the last payment, if applicable) upon completion of a set number of the examinations assigned as determined by the Comptroller and, upon submission to and acceptance by Comptroller as provided in the contract.

In performing assigned examinations and for the contracted lump sum payments, selected contract examiners will complete all work necessary to identify the correct amount of tax that should have been reported by each taxpayer and provide the Comptroller with the data and other information necessary to support any assessment of tax or refund of tax that results from the examination report. Selected contract examiners will also provide any time reports and other written documentation required by the Comptroller. The Comptroller will not make any payments in advance.

Under this RFQ, the maximum contract amount paid to any individual examiner without additional examiner employees, an individual examiner with additional examiner employees or a firm with multiple examiners will not exceed $150,000.00 each for either FY 2004 or FY 2005 or $300,000 combined total for both fiscal years.

Selected contract examiners must complete all work and submit all examination reports, workpapers and other deliverables no later than required under the terms of the proposed contract.

Selected contract examiners must meet professional conflict of interest standards and other standards established by the Comptroller to ensure the independence of each assigned examination.

Regarding prior employment with the Comptroller, the following provisions shall apply in determining eligibility for contract awards, if any, resulting from this RFQ.

Section 2252.901, Texas Government Code reads as follows:

"(a) A state agency may not enter into an employment contract, a professional services contract under Chapter 2254, or a consulting services contract under Chapter 2254 with a former or retired employee of the agency before the first anniversary of the last date on which the individual was employed by the agency, if appropriated money will be used to make payments under the contract. This section does not prohibit an agency from entering into a professional services contract with a corporation, firm, or other business entity that employs a former or retired employee of the agency within one year of the employee's leaving the agency, provided that the former or retired employee does not perform services on projects for the corporation, firm, or other business entity that the employee worked on while employed by the agency."

Pursuant to the above statute, an individual employed by the Comptroller during the last 12 months may be employed by another Contractor but shall not work on projects or perform examinations on taxpayers he or she examined while employed by the Comptroller. That is, the Comptroller interprets "projects" within §2252.901 to include specific examinations performed or worked on by the former employee. Additionally, it is the Comptroller's policy that if a former employee of the Comptroller of the type described above is employed by or associated with a business entity in which such employee holds any equity interest, then the firm may not contract with the Comptroller within the 12 month period. The 12 month period is determined by working back from the effective date of the proposed contract.

Section 572.054, Texas Government Code reads in pertinent part as follows:

"(b) A former state officer or employee of a regulatory agency who ceases service or employment with that agency on or after January 1, 1992, may not represent any person or receive compensation for services rendered on behalf of any person regarding a particular matter in which the former officer or employee participated during the period of state service or employment, either through personal involvement or because the case or proceeding was a matter within the officer's or employee's official responsibility.

(c) Subsection (b) applies only to:

(1) a state officer of a regulatory agency; or

(2) a state employee of a regulatory agency who is compensated, as of the last date of state employment, at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule, including an employee who is exempt from the state's position classification plan."

This §572.054(b) prohibition against working on matters that the former employee participated in while employed by the Comptroller applies without limitation to any such past actions by the employee even if longer than 12 months, if the employee's compensation exceeded $33,000 annually while employed by the Comptroller at any time during that employee's employment with the Comptroller. Again, it is the Comptroller's policy interpretation that "matter" includes specific examinations of taxpayers.

Time is of the essence in implementation of this program. Respondents to this RFQ must be available to begin accepting assignments no later than May 2004 for state fiscal year 2004 and September 2004 for state fiscal year 2005 both upon completion of orientation or other timelines established by the Comptroller for such implementation. The Comptroller anticipates awarding multiple master contracts as a result of this RFQ and will not entertain negotiation of the basic terms and conditions. All respondents will be offered the same master contract terms and conditions. Respondents should not respond to this RFQ if they cannot agree to the terms and conditions of the sample contract. Any resulting contracts are non-exclusive and the Comptroller may issue additional solicitations for the contracted services at any time. The Comptroller is not obligated to assign any examinations to recipients of master contract awards.

Questions; Proposed Contract: Questions concerning this RFQ must be in writing and submitted via hand delivery or facsimile no later than February 13 2004, 2:00 p.m., Central Zone Time (CZT) to Thomas H. Hill, Assistant General Counsel, Contracts, General Counsel Division, Comptroller of Public Accounts, 111 East 17th St., ROOM G-24, Austin, Texas, 78774, telephone number: (512) 305-8673, facsimile (512) 475-0973. The Comptroller's official response to questions received by this deadline will be posted as an addendum to the Texas Marketplace notice as soon as possible after receipt; the Comptroller expects to post these official responses no later than February 20, 2004 or as soon thereafter as practicable. Respondents should note that the Official Response to Questions may contain information modifying the terms and conditions of the RFQ, revising or amending the RFQ and/or other documents attached to the RFQ. For these reasons, respondents should carefully review and consider the Official Response to Questions, amendments or modifications before submitting their Statements of Qualification. A copy of the sample master contract, the standard form vita described below, mandatory Execution of Statement of Qualifications Form, and Required Checklist for Statements of Qualification are all attached to this RFQ for reference and use by respondents.

Closing Date: An original with original ink signatures on each document within the Statement of Qualifications requiring signatures and ten copies of each Statement of Qualifications must be hand delivered to and received in the Office of the Assistant General Counsel, Contracts, at the address specified above no later than 2:00 p.m. (CZT), on March 8, 2004. Statements of Qualifications received after this time and date will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Statements of Qualifications.

Content: Statements of Qualifications must include all of the following information in order to be considered:

1. Checklist in format of Exhibit G to this RFQ.

2. Transmittal letter that

(a) describes specific experience and qualifications of both the firm and each individual in the conduct of state tax examinations; and

(b) outlines the respondent's understanding of §111.0045 Texas Tax Code other relevant provisions of the Texas Tax Code and other related enabling legislation related to conduct of these examinations on an as needed basis;

3. Physical address of firm's or individual's business offices and each local examination facility and primary contact person;

4. Vita for each individual who will be involved in the project. The Vita must be on the form contained on the addenda to the Texas Marketplace notice of issuance of this RFQ. This response to the RFQ must disclose all personnel who will perform professional services under the terms of the Master Agreement. Respondent understands only those persons disclosed by the Vita will be admitted to the required orientation classes. This provision will be strictly enforced." All information on the vita form must be fully filled out and complete in all respects. Evaluation of respondents will be based in part on the information on this form and it is vitally important that the information be fully complete and accurate. Failure to submit a complete, separate, and signed Vita by each person who applies to perform examination services shall result in disqualification of the Statement of Qualifications.

5. A sample Examination Plan providing a list of the examination procedures and resources that will be utilized to conduct these examinations on an as needed basis if selected by the Comptroller. The Examination plan should list or describe the actual procedures to be used in sufficient detail so as to demonstrate an understanding of internal control, record keeping, and taxpayer reporting responsibilities for sales tax and the appropriate examination procedures necessary for verification of correct amounts of tax. The sample Examination Plan must include all items contained in the General Audit Checklist section of the Comptroller's Auditing Fundamentals Manual, Chapter 3, and all items contained in the Audit Plan published in Chapter 4 of the Comptroller's Sales Tax Audit Policy/Procedures Manual. The sample examination plan should include all necessary procedures and instructions for completing those procedures in sufficient detail to allow any person who meets the one year experience requirement in 34 TAC §3.3 to properly perform a sales and use tax examination with minimal supervision. If portions of any Comptroller publication, manual, or other document are used to prepare the examination plan or incorporated into the plan, the most current version must be used. The Comptroller's audit manuals may be found at the following internet location:

http://www.window.state.tx.us/taxinfo/audit/audit.htm

6. Proposed sample Workplan (including Timeline, Tasks and Deliverables) to implement each of the examinations after assignment, including

(a) methods for deploying personnel and equipment to perform the examinations timely and otherwise in accordance with each contractual requirement;

(b) methods for making personnel available for orientation and examination;

(c) date availability for each of the personnel to perform assigned examinations;

(d) methods for conducting preliminary (prior to receipt of taxpayer questionnaire) and final (after receipt of taxpayer questionnaire) conflicts checks regarding actual or potential conflicts of interest and notifying the Comptroller prior to accepting or beginning an assignment; and

(e) an understanding of the Audit Flowchart Timelines contained in the appendix of the Comptroller's Audit Fundamentals Manual.

7. Disclosures of any partners, associates, employees or individual practitioner who have been employees of the Comptroller within the past twelve months prior to the date of submission of the Statement of Qualifications, and any individuals that hold an equity interest as provided in the above prohibition against employees that have been employed by the Comptroller within the past twelve months prior to the contracting date;

8. Statement of whether the respondent is a Historically Underutilized Business (HUB) and its efforts and willingness of the respondent to comply with the HUB requirements of Texas law and administrative rules and regulations;

9. Confirmation of understanding of and willingness to comply with the policies, directives, rules, procedures and guidelines of the Comptroller and other Standards of Performance established by the Comptroller for the conduct of the assigned examinations;

10. Confirmation of understanding of and willingness to adhere to all provisions of the sample contract, including, without limitation, the proposed fee arrangements, as posted on the Texas Marketplace; and

11. Completed and Signed Execution of Statement of Qualifications Form.

12. Signed Nondisclosure Agreement on the form set out on Exhibit E to this RFQ.

13. Signed letter or letters from a qualified insurance agent or agents containing quotations for ALL OF the required insurance coverages set out in Section VIII of the Master Agreement for Professional Services and stating that the coverages are available to the respondent upon selection, if any, of the contract examiner pursuant to this RFQ. In the alternative, respondents may submit current certificates of insurance showing the required coverage is already in force and in effect. Respondent's insurance agents shall be ready to immediately issue policies and certificates upon notification of the Respondent's selection. Time is of the essence and no Agreements will be executed without the coverage required. A successful Respondent's preliminary selection may be rescinded due to failure to have the required insurance coverage by the time set by the Comptroller.

14. Signed Statement of representation that the respondent and all persons listed as examiners in its Statement of Qualifications are neither respondents under any other Statement of Qualifications responding to this RFQ, nor are employed by, contracted with, and do not own any equity or debt interest in any other respondent to this RFQ.

15. Compliance with any amendments, modifications, or other requirements and changes to the RFQ set out in the Official Response to Questions in connection with this RFQ and posted by Comptroller on the Texas Marketplace prior to the Closing Date for this RFQ.

The above 15 items shall be submitted in the respondent's Statement of Qualification as separate and independent numbered sections corresponding to the above items. Failure to properly label and fully respond to each of the 15 items above shall result in disqualification of the respondent.

Mandatory Orientation Session: Respondents must attend, at their sole cost and expense, mandatory orientation sessions to be conducted by the Comptroller in Austin during April 2004. Questions regarding this mandatory session should be submitted prior to the deadline for submission of other written questions on this RFQ. A contract examiner responding to this RFQ who has previously attended orientation offered by the Comptroller in connection with any of the four prior RFQs for contract examiners shall not be required to attend the above orientation session.

Evaluation and Award Procedure: All qualifying Statements of Qualifications received by the deadline above will be evaluated based on qualifications, experience, Workplan and agreement to the sample contract and fees. The Comptroller will make the final selections in accordance with Chapter 2254, Subchapter A, Texas Government Code in its sole discretion in the best interests of the Comptroller and the State of Texas. Notice of contract awards will be published in the Texas Marketplace as soon as possible after all contracts, if any, resulting from this Statement of Qualifications, are fully executed. The Comptroller staff is unable to give out information regarding the status of contract awards before they are posted on the Texas Marketplace. The Texas Marketplace may be accessed online at: http://esbd.tbpc.state.tx.us/1380/sagency.cfm.

Protests. Protests regarding this RFQ or actions taken under it shall be governed by the Comptroller's rule located at 34 TAC §1.72, Protests of Agency Purchases.

Limitations: The Comptroller reserves the right to accept or reject any or all Statements of Qualifications submitted in response to this RFQ. The Comptroller reserves the further right to evaluate individual examiners employed by a firm or who are employees of a respondent and approve of contract examiners on an individual basis based on the evaluation criteria. The Comptroller is not obligated to execute any contract or contracts or any specific number of contracts as a result of issuing this RFQ. The Comptroller further reserves the right to issue additional RFQs or other solicitations for the contracted or similar services at any time as the Comptroller determines are necessary to ensure an adequate number of examiners for any assigned examination under this program or any similar program. The Comptroller shall pay no costs or any other amounts incurred by any entity in responding to this RFQ. The Comptroller reserves the right to award contracts on the basis of the need to achieve appropriate examination coverage in all geographical areas of the State of Texas and/or nationwide and to evaluate respondents in a manner that will best achieve this need.

Summary of Schedule: The anticipated schedule is as follows:

Issuance of RFQ, including sample contract, on Texas Marketplace--February 6, 2004, 2:00 p.m. CZT;

Questions--February 13, 2004, 2:00 p.m. CZT;

Posting of Official Responses to Questions--February 20, 2004, 5:00 p.m. CZT or as soon thereafter as practical;

Statements of Qualifications Due--March 8, 2004, 2:00 p.m. CZT;

Contract Execution--April 16, 2004, or as soon thereafter as practical;

Notice of Contract Awards posted on Texas Marketplace--April 20, 2004 or as soon thereafter as practical;

Mandatory Orientation--April 28, 2004; and

Beginning of Examinations--May 3, 2004 upon completion of Orientation, or as soon thereafter as practical.

TRD-200400531

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: January 28, 2004

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director (ED) of the commission in accordance with Texas Water Code (TWC), §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 8, 2004 . The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 8, 2004 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: C. J. Yun, Inc. dba Ace Mart; DOCKET NUMBER: 2003-0129-PST-E; TCEQ ID NUMBER: 0019982; LOCATION: 4750 Leopard Street, Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental release arising from the operation of petroleum underground storage tanks (USTs); PENALTY: $1,050; STAFF ATTORNEY: Snehal R. Patel, Litigation Division, MC R-12, (713) 422-8928; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412- 5503, (361) 825-3100.

(2) COMPANY: Grover Bruce; DOCKET NUMBER: 2002-1186-LII-E; TCEQ ID NUMBER: none; LOCATION: 3544 Bonnie Drive, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: landscape irrigation system business; RULES VIOLATED: 30 TAC §334.4(a) and TWC, §34.007(a), by failing to obtain an irrigator's license prior to completing installation of an irrigation system with connection to a water supply; PENALTY: $625; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Pyarali Hooda dba Howdy Doody #15; DOCKET NUMBER: 2002-0849-PST-E; TCEQ ID NUMBER: 16526; LOCATION: 1025 Dallas Drive, Denton, Denton County, Texas; TYPE OF FACILITY: retail gasoline station; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to submit, upon request by the TCEQ, the appropriate forms documenting proof of financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and 30 TAC §334.21, by failing to pay outstanding UST fees; PENALTY: $1,050; STAFF ATTORNEY: Alfred Okpohworho, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Ruben's Vacuum and Hydrojetting Services, Inc.; DOCKET NUMBER: 2002- 1131-SLG-E; TCEQ ID NUMBER: 22386; LOCATION: Trosper Road, approximately 0.25 miles north of the intersection of Trosper Road and State Highway 107, Alton, Hidalgo County, Texas; TYPE OF FACILITY: sludge transportation service; RULES VIOLATED: 30 TAC §312.144(a) and (f), by failing to properly mark and identify all vacuum pump trucks, tanks, or containers used for the collection and/or over-the-road transportation of regulated waste, and failing to apply the authorization stickers on the motor vehicles, and failing to prominently mark all discharge valves and ports; 30 TAC §312.144(d), by failing to properly maintain the site gauges on containers used to transport liquid wastes in a manner which can be used to determine whether or not a vehicle is loaded and the approximate capacity; 30 TAC §312.145(a), by failing to include in the trip tickets the accurate date and place where the waste was deposited, identification of the facility where the waste was deposited, and name and signature of facility on-site representative acknowledging receipt of the waste and the amount of waste received; 30 TAC §312.142(c) and (e)(2), by failing to maintain a copy of the registration authorization, as annotated by the executive director with an assigned registration number, at the designated place of business and in each vehicle operated under that registration, and by failing to submit a new registration application within 15 days of changes in operation or management methods; and 30 TAC §312.145(b)(4)(C), by failing to submit an annual summary of activities for the previous period showing the amounts and types of waste delivered to each facility; PENALTY: $15,510; STAFF ATTORNEY: Gitanjali Yadav, Litigation Division, MC 175, (512) 239-2029; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-200400511

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 27, 2004

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 8, 2004 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 8, 2004 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1)COMPANY: Eutemia Medina dba O.A. Gingrich; DOCKET NUMBER: 2002-0488-PST-E; TCEQ ID NUMBER: 46358; LOCATION: 121 North Vineyard, Sinton, San Patricio County, Texas; TYPE OF FACILITY: convenience store with four underground storage tanks (UST); RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate the required financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the USTs; 30 TAC §334.50(b)(1)(A) and (2)(A) and TWC, §26.3475, by failing to monitor USTs for releases at a frequency of at least once per month and failing to monitor the piping connected to the UST system in a manner designed to detect releases from any portion of the UST piping system; 30 TAC §334.7(d)(3), by failing to amend, update, or change the UST registration information in order to reflect current operational status within 30 days from the date on which the owner and/or operator became aware of the change; 30 TAC §334.49(a) and TWC, §26.3475, by failing to provide corrosion protection for the UST system; and 30 TAC §334.22(a), by failing to pay the required outstanding annual UST fees; PENALTY: $600; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825- 3100.

(2) COMPANY: Mohammed Adil Aquil dba Two Way Quick Stop; DOCKET NUMBER: 2002- 1154-PST-E; TCEQ ID NUMBER: 0060018; LOCATION: 8430 Fulton Street, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service any components that were not brought into timely compliance from the existing UST system; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to provide corrosion protection for the UST system; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at least once per month; 30 TAC §334.7(d)(3), by failing to amend UST registration information within 30 days from the date on which the owner or operator first became aware of the change or addition; 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; and 30 TAC §334.22(a), by failing to pay outstanding UST registration and associated late fees; PENALTY: $600; STAFF ATTORNEY: Benjamin Joseph de Leon, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Ransom Industries, L.P. dba Tyler Pipe Company; DOCKET NUMBER: 2002- 0079-AIR-E; TCEQ ID NUMBERS: SK-0041-T, 01793, and 26516; LOCATION: U.S. Highway 69 North, four miles north of Loop 323, near Tyler, Smith County, Texas; TYPE OF FACILITY: gray iron foundry; RULES VIOLATED: 30 TAC §101.221(a), TCEQ New Source Permit Number 26516, Special Condition Number 6.D., and Texas Health and Safety Code (THSC), §382.085(b), by failing to ensure that the duct work serving the air pollution control equipment was in good working order; 30 TAC §305.125(1), TCEQ Water Quality Permit Number 01793, Interim Effluent Limitations and Monitoring Requirements Number 1, and TWC, §26.121, by failing to comply with the whole effluent toxicity limit of 38% No observed effect concentration for grab samples collected; 30 TAC §101.201(a)(1) and THSC, §382.085(b), by failing to provide timely notification of seven upset events; 30 TAC §§101.20, 101.221(a), and 116.115(b)(2)(G), TCEQ New Source Permit Number 26516, Special Conditions Numbers 1 and 3, 40 CFR §60.732(a), and THSC, §382.085(b), by failing to comply with the hourly and annual emission limitations for the sand reclamation and core machines baghouse; THSC, §382.085(a), by failing to prevent unauthorized emissions during six upset events; and 30 TAC §101.201(a)(2)(G) and THSC, §382.085(b), by failing to report emissions associated with two upset events from the sand reclamation system by compound descriptive type; PENALTY: $112,250; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

TRD-200400510

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 27, 2004

The Texas Commission on Environmental Quality will conduct a public hearing to receive testimony concerning revisions to 30 TAC Chapter 70, concerning Enforcement, new §§70.201 - 70.206, under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would implement Senate Bill 1265, 78th Legislature, 2003, and establish procedures for Texas peace officers to use when referring alleged environmental violations for criminal enforcement review.

A public hearing on this proposal will be held in Austin on March 11, 2004 at 2:00 p.m. at the Texas Commission on Environmental Quality in Building F, Room 2210, located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the hearing should contact the Office of Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests should be made as far in advance as possible.

Comments may be submitted to Lola Brown, MC 205, Office of Environmental Policy, Analysis, and Assessment, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or by fax to (512) 239-4808. All comments should reference Rule Project Number 2003-061-070-AD. Comments must be received by 5:00 p.m., March 15, 2004. For further information, please contact Michael Bame, Policy and Regulations Division, (512) 239-5658.

TRD-200400538

Paul Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 28, 2004

The Texas Commission on Environmental Quality (TCEQ or commission) announces the availability of the draft January 2004 Update to the Water Quality Management Plan for the State of Texas (draft WQMP update).

The Water Quality Management Plan (WQMP) is developed and promulgated in accordance with the requirements of the Federal Clean Water Act, §208. The draft WQMP update includes projected effluent limits of indicated domestic dischargers useful for water quality management planning in future permit actions. Once the commission certifies a WQMP update, the update is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission. The draft WQMP update may contain service area populations for listed wastewater treatment facilities and designated management agency information.

A copy of the draft January 2004 WQMP update may be found on the commission's Web site located at http://www.tnrcc.state.tx.us/permitting/waterperm/wqmp/index.html. A copy of the draft may also be viewed at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.

Written comments on the draft WQMP update may be submitted to Nancy Vignali, Texas Commission on Environmental Quality, Water Quality Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-4420, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be submitted no later than 5:00 p.m. on March 8, 2004. For further information or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at nvignali@tceq.state.tx.us.

TRD-200400466

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 23, 2004

The Health and Human Services Commission (HHSC) announces its intent to submit to the Centers for Medicare and Medicaid Services TN 03-32, Amendment 667 to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act, effective December 1, 2003.

This amendment revises the Reimbursement Methodology for Day Activity and Health Services to change the spending requirement for the Attendant Compensation Rate Enhancement. The proposed amendment is not expected to result in an increase in federal or state matching funds.

To obtain copies of the proposed amendment, interested parties may contact Winnie Rutledge, by mail at Health and Human Services Commission, 1100 West 49th Street, Austin, Texas 78756-3199 or by telephone (512) 491-1320.

TRD-200400494

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: January 26, 2004

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 04-03, Amendment Number 670, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. Amendment Number 670 provides for a supplemental payment for publicly owned hospital or hospital affiliated with a hospital district in Midland county for inpatient services. The supplemental payment shall not exceed the difference between total annual Medicaid payments and the federal upper payment limits established in 42 CFR 447.272. The purpose of the supplemental payment is to recognize the unique role of urban public safety-net hospitals play in the Texas healthcare delivery system for the Medicaid population. As a result, the State seeks to ensure that Medicaid payments are commensurate with Medicare payments and/or payment principles.

The proposed amendment is to be effective February 7, 2004. The proposed amendment is estimated to result in increased expenditures of approximately $541,188 for fiscal year 2004, and $603,866 for fiscal year 2005.

Copies of the proposed change in methodology will be available for public review at local offices of the Texas Department of Human Services.

Comments, questions or requests for additional information should be forwarded to Scott Reasonover, Texas Health and Human Services Commission, 1100 West 49th Street, Austin, Texas 78756, (512) 491-1348.

TRD-200400536

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: January 28, 2004

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Health and Human Services Commission (HHSC) announces the release of Request for Proposals (RFP) #529-04-289 for consulting services to conduct a feasibility study and develop policy options to decrease the number of children placed in institutions and increase the options for community based treatment for children with serious emotional disorders.

The contractor selected as a result of this RFP will assist HHSC in achieving the following goals:

Conduct a feasibility study that produces three recommendations: 1) a 1915(c) waiver, 2) a demonstration project using federal or other funds, and 3) a state funds only approach; all of which would use integrated funding, coordinated services, and a comprehensive provider base;

Create a detailed financing, implementation and evaluation plan for each of three recommendations identified in the feasibility study; and

Develop a final report for public stakeholders that describes the feasibility study's findings, including summarizing the research, opportunities and potential barriers associated with each of the three recommended proposals.

The RFP will be posted with the Texas Marketplace: http://www.marketplace.state.tx.us on or about February 2, 2004. After February 2, 2004, the full content of the RFP will be available on the HHSC web site at: http://www.hhsc.state.tx.us/medicaid/rfp/52904289/rfp_home.html

The successful respondent will be expected to begin performance of the contract on or after March 26, 2004. Parties interested in submitting a proposal may contact Kim McPherson, Policy Analyst, Health and Human Services Commission, 11209 Metric Boulevard, Austin, Texas 78758, telephone number: (512) 491-1461, fax: (512) 491-1983, e-mail: Kimberly.McPherson@hhsc.state.tx.us regarding the request. Ms. McPherson will be HHSC's sole point-of-contact for purposes of this procurement. All questions regarding the RFP must be sent in writing to the above referenced contact by 5:00 p.m. Central Time on February 16, 2004. HHSC will post all written questions received with HHSC's responses on its web site on February 23, 2004, or as they become available.

To be considered, all proposals must be received at the foregoing address in the issuing office on or before 5:00 p.m. Central Time on March 2, 2004. Proposals received after this time and date will not be considered.

Evaluation and Award Procedure: All proposals will be subject to evaluation based on the evaluation criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this RFP.

The anticipated schedule of events is as follows:

Final RFP Release Date--February 2, 2004

Vendor Questions Due--February 16, 2004

Vendor Proposals Due--March 2, 2004

Anticipated Contract Award--March 16, 2004

Anticipated Contract Start Date--March 26, 2004

TRD-200400537

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: January 28, 2004

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Nationwide Mutual Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting various flex percentages benchmark (1.00) to +2.41 by coverage, class, and territory. The overall rate change is -0.70%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 25, 2004.

TRD-200400523

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 28, 2004

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Nationwide Mutual Fire Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages 0.97 to +2.17 by coverage, class, and territory. The overall rate change is -0.68%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 25, 2004.

TRD-200400524

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 28, 2004

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Nationwide Property and Casualty Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages benchmark (1.00) to +2.41 by coverage, class, and territory. The overall rate change is +0.63%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 25, 2004.

TRD-200400525

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 28, 2004

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by Nationwide General Insurance Company proposing to use rates for private passenger automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting flex percentages benchmark (1.00) to +2.34 by coverage, class, and territory. The overall rate change is +0.95%.

Copies of the filing may be obtained by contacting the Texas Department of Insurance, P&C Actuarial Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 475-3017.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by February 25, 2004.

TRD-200400526

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: January 28, 2004

1.0. Name and Style of Game.

A. The name of Instant Game Number 439 is "DOMINOES." The play style is "key symbol match with a prize legend."

1.1. Price of Instant Ticket.

A. Tickets for Instant Game Number 439 shall be $5.00 per ticket.

1.2. Definitions in Instant Game Number 439.

A. Display Printing--That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint--The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol--The printed data under the latex on the front of the ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: BB, 1B, B2, 3B, B4, 5B, B6, 11, 21, 13, 41, 15, 61, 22, 23, 42, 25, 62, 33, 34, 53, 36, 44, 54, 46, 55, 65, and 66.

D. Play Symbol Caption--the printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 9, 2004, for approval of interim update of wholesale transmission rates pursuant to P.U.C. Substantive Rule 25.192(g)(1).

Docket Title and Number: Application of Brazos Electric Power Cooperative, Incorporated for Interim Update of Wholesale Transmission Rates Pursuant to P.U.C. Substantive Rule 25.192(g)(1). Docket Number 29143.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 13, 2004. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29143.

TRD-200400444

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 22, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 20, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to Public Utility Regulatory Act (PURA) §§54.151 - 54.156. A summary of the application follows.

Docket Title and Number: Application of Local Telecom Systems, Incorporated for a Service Provider Certificate of Operating Authority, Docket Number 29192 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service and long distance service.

Applicant's requested SPCOA geographic area includes the entire state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 11, 2004. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29192.

TRD-200400449

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 22, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 22, 2004, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of TXU Communications Transport Company for a Service Provider Certificate of Operating Authority, Docket Number 29214 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance and wireless services.

Applicant's requested SPCOA geographic area includes the entire State of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 11, 2004. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29214.

TRD-200400518

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 27, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on January 20, 2004, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of ionex telecommunications, incorporated's request for a thousands block to offer local two way calling.

Docket Title and Number: Application of ionex telecommunications, incorporated for Waiver of NANPA Denial for the Glendale rate center. Docket Number 29187.

The Application: ionex telecommunications, incorporated requested the Commission to waive the NANPA or Neustar denial of its request for a thousands block to offer local two way calling service in the Glendale rate center.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 20, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29187.

TRD-200400445

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 22, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on January 20, 2004, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of ionex telecommunications, incorporated's request for a thousands block to offer local two way calling.

Docket Title and Number: Application of ionex telecommunications, incorporated for Waiver of NANPA Denial for the Forney rate center. Docket Number 29188.

The Application: ionex telecommunications, incorporated requested the Commission to waive the NANPA or Neustar denial of its request for a thousands block to offer local two way calling service in the Forney rate center.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 20, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29188.

TRD-200400447

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 22, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on January 20, 2004, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of ionex telecommunications, incorporated's request for a thousands block to offer local two way calling.

Docket Title and Number: Application of ionex telecommunications, incorporated for Waiver of NANPA Denial for the Ennis rate center. Docket Number 29190.

The Application: ionex telecommunications, incorporated requested the Commission to waive the NANPA or Neustar denial of its request for a thousands block to offer local two way calling service in the Ennis rate center.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 20, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29190.

TRD-200400448

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 22, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on January 21, 2004, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of ionex telecommunications, incorporated's request for a thousands block to offer local two way calling.

Docket Title and Number: Application of ionex telecommunications, incorporated for Waiver of NANPA Denial for the Mansfield rate center. Docket Number 29203.

The Application: ionex telecommunications, incorporated requested the commission to waive the NANPA or Neustar denial of its request for a thousands block to offer local two way calling service in the Mansfield rate center.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 23, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29203.

TRD-200400467

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 23, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on January 21, 2004, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of ionex telecommunications, incorporated’s request for a thousands block to offer local two way calling.

Docket Title and Number: Application of ionex telecommunications, incorporated for Waiver of NANPA Denial for the Red Oak rate center. Docket Number 29204.

The Application: ionex telecommunications, incorporated requested the commission to waive the NANPA or Neustar denial of its request for a thousands block to offer local two way calling service in the Red Oak rate center.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 23, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29204.

TRD-200400468

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 23, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on January 21, 2004, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of ionex telecommunications, incorporated’s request for a thousands block to offer local two way calling.

Docket Title and Number: Application of ionex telecommunications, incorporated for Waiver of NANPA Denial for the Waxahachie rate center. Docket Number 29205.

The Application: ionex telecommunications, incorporated requested the commission to waive the NANPA or Neustar denial of its request for a thousands block to offer local two way calling service in the Waxahachie rate center.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 23, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29205.

TRD-200400469

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 23, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas an application on January 21, 2004, for waiver of denial by the North American Numbering Plan Administrator (NANPA) Pooling Administrator (PA) of ionex telecommunications, inc.'s request for a thousands block to offer local two way calling.

Docket Title and Number: Application of ionex telecommunications, inc. for Waiver of NANPA Denial for the Taylor rate center. Docket Number 29207.

The Application: ionex telecommunications, inc. requested the commission to waive the NANPA or Neustar denial of its request for a thousands block to offer local two way calling service in the Taylor rate center.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 23, 2004. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29207.

TRD-200400504

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 26, 2004

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on December 18, 2003, for approval to transfer retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Docket Title and Number: Application of First Choice Power, Inc. to Transfer its Retail Electric Provider (REP) Certification to First Choice Power Special Purpose Entity and for Other Relief, Docket Number 29081 before the Public Utility Commission of Texas.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 13, 2004. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 29081.

TRD-200400505

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 26, 2004

On January 20, 2004, Valor Telecommunications of Texas, LP, doing business as Valor Telecom, and Rosebud Cotton Company, doing business as Rosebud Telephone, LLC, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29184. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29184. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 20, 2004, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29184.

TRD-200400432

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 21, 2004

On January 20, 2004, Valor Telecommunications of Texas, LP, doing business as Valor Telecom, and CenturyTel Fiber Company II, LLC, doing business as Lightcore, collectively referred to as applicants, filed a joint application for approval to adopt the rates, terms, and conditions of a previously-approved interconnection agreement adopted pursuant to the §252(e) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA). The joint application has been designated Docket Number 29185. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29185. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 20, 2004, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29185.

TRD-200400433

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 21, 2004

On January 20, 2004, Sprint Communications Company, LP, and Sugar Land Telephone Company, collectively referred to as applicants, filed a joint application for approval of an interconnection agreement and to adopt the rates, terms, and conditions of a previously-approved interconnection agreement adopted pursuant to the §252(e) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA). The joint application has been designated Docket Number 29193. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29193. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 20, 2004, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29193.

TRD-200400434

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 21, 2004

On January 20, 2004, United Telephone Company of Texas, Incorporated, doing business as Sprint, Central Telephone Company of Texas, doing business as Sprint, and Cat Communications International, Incorporated, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29194. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29194. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 20, 2004, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29194.

TRD-200400435

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 21, 2004

On January 20, 2004, Southwestern Bell Telephone, LP, doing business as SBC Texas, and Allegiance Telecom of Texas, Incorporated, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under §252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2004) (PURA). The joint application has been designated Docket Number 29195. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing three copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 29195. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by February 20, 2004, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this action, or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 29195.

TRD-200400436

Rhonda G. Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 21, 2004

The staff of the Public Utility Commission of Texas (commission) will hold a workshop on Tuesday, February 17, 2004, at 1:30 p.m. at the commission's offices located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701, regarding proposed amendments to PUC Substantive Rule §26.130, relating to Selection of Telecommunications Utilities, also known as "Slamming." The proposed amendments were approved for publication at the October 23, 2003 Open Meeting. Project Number 28324, Rulemaking to Amend Substantive Rules §26.32 (Protection Against Unauthorized Charges) and §26.130 (Selection of Telecommunications Utilities) , has been established for this proceeding.

Questions concerning the workshop or this notice should be referred to Jaime Slaughter, Enforcement Attorney, Legal and Enforcement Division, (512) 936-7345. Hearing and speech- impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200400542

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 28, 2004

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site:

http://www.dot.state.tx.us

Click on Aviation, click on Aviation Public Hearing. Or, contact Karon Wiedemann, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4520 or 1-800-68-PILOT.

TRD-200400463

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 22, 2004

Pursuant to Title 43, Texas Administrative Code, §2.43(e)(4)(B), the Texas Department of Transportation is advising the public of the availability of the Draft Environmental Impact Statement (DEIS) for the proposed construction of Segment F-2 of State Highway 99 (the Grand Parkway) northwest of Houston in Harris County, Texas. Comments regarding the DEIS should be submitted to Ms. Robin Sterry at the Grand Parkway Association located at 4544 Post Oak Place, Suite 222, Houston, Texas 77027 or Mr. Pat Henry, P.E., at the Texas Department of Transportation's Houston District Office located at 7721 Washington Avenue, Houston, Texas prior to 5:00 p.m. on Friday, May 7, 2004. The Texas Department of Transportation's mailing address is P.O. Box 1386, Houston, Texas 77251-1386.

The purpose of the proposed action is to provide improved access to the existing and future thoroughfare system, reduce area traffic congestion, improve safety, and improve area-wide mobility. A full range of alternatives were identified and evaluated for Segment F-2 at the corridor level (four corridors), transportation mode level (No Build, Transportation System Management Alternatives (TSM), Travel Demand Alternatives (TDM), and Modal Alternatives), and at the alignment level. The proposed action consists of the construction of a controlled access freeway from SH 249 to IH 45 in Harris County, a distance ranging from 11.9 to 13.0 miles, depending on the alternative alignment considered. The proposed facility will consist of a four-mainlane at-grade controlled access divided freeway with intermittent frontage roads within a 400-foot (ROW) width. A total of five build alternative alignments, in addition to the No-Build alternative, have been presented in the DEIS. All five alternative alignments lie between SH 249 and IH 45 in an east-west direction. Alternative Alignment A begins at SH 249 and traverses mainly through the center of the study area. This alignment alternative ends at IH 45, approximately 0.6 miles north of Spring Stuebner Road and is 12.5 miles in length. Alternative Alignment B starts at the same location as Alternative Alignment A but traverses mainly through the middle and southern portion of the study area. Alternative Alignment B ends 0.1 miles south of the Hardy Toll Road and IH 45 intersection, and is 13.0 miles in length. Alternative Alignment C begins at the same location as Alignments A and B and traverses mainly through the north and middle portion of the study area. Alternative Alignment C ends at the same location of Alternative Alignment A and is 12.2 miles in length. Alternative Alignment D begins at Boudreaux Road approximately 0.3 miles northeast of FM 2920 and traverses 7.0 miles before ending at the alignment connection with Alternative Alignment C. Alternative Alignment E begins at the same location as Alternative Alignment D and traverses 6.8 miles before ending at the alignment connection with Alternative Alignment B.

The preferred corridor and transportation mode, and recommended alignment, were proposed after careful consideration and assessment of the potential environmental impacts and evaluation of agency and public comments received from a comprehensive agency/public outreach program. The recommended build alternative alignment that has emerged from the study was proposed on the basis of its ability to best facilitate the project's Purpose and Need while minimizing impacts to the natural, physical, and social environments. The Recommended Build Alternative Alignment is B, B, D, C and is 11.9 miles in length. The recommended alternative alignment for Segment F-2 would require the taking of new ROW, the adjustment of utility lines, and the filling of aquatic resources including approximately 0.4 acres of jurisdictional wetlands. Four potential historic sites, three business and twenty-two residential displacements would occur, and no archeological sites or endangered species are expected to be affected. Although a Recommended Alternative Alignment is presented, selection of the final Preferred Alternative Alignment will not be made until after the public comment period is completed, comments on the DEIS are received and considered, and the environmental effects are fully evaluated.

Copies of the DEIS and other information about the project may be obtained at the Texas Department of Transportation's Houston District Office at the previously mentioned address. For further information, please contact Robin Sterry at (713) 965-0104 or Pat Henry, P.E. at (713) 802-5241. Copies of the DEIS may also be reviewed at the offices of the Grand Parkway Association, located at 4544 Post Oak Place, Suite 222, Houston, Texas; at the Texas Department of Transportation's Houston District Office located at 7721 Washington Avenue, Houston, Texas, at the Houston Public Library in the Texas Room, 500 McKinney, Houston, Texas; at the Harris County Public Library, Barbara Bush Branch, 6817 Cypresswood Drive, Spring, Texas, Harris County Public Library, Tomball Branch, 1226 W. Main St., Tomball Texas; and the Montgomery County Library, South Branch, 2101 Lake Robbins Dr., The Woodlands, Texas.

TRD-200400493

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 23, 2004

The Texas Department of Transportation (the department) will hold a statewide video teleconference regarding the allocation of state and federal funding for public transportation in accordance with House Bill 3184, 78th Texas Legislature, Regular Session, 2003.

Public input will assist the department in developing the state and federal formulas used to allocate funding for public transportation in rural and small urbanized areas of the state. Citizens of Texas are encouraged to join the department at the listening session held in their area to express comments on this topic.

A statewide video teleconference will be held at the following department district offices on Tuesday, February 10, 2004, from 5:30 p.m. - 7:30 p.m. (Central Standard Time) in the following cities and locations:

Abilene - 4250 N. Clack, Abilene, Texas

Amarillo - 5715 Canyon Drive, Bldg H, Training Conference S. Room, Amarillo, Texas

Atlanta - 701 E. Main Street, Atlanta, Texas

Austin - 200 E. Riverside Drive, Room D, Austin, Texas

Beaumont - 8350 Eastex Freeway, Beaumont, Texas

Brownwood - 2495 Highway 183 North, Brownwood, Texas

Bryan - 1300 North Texas Avenue, Bryan, Texas

Childress - 7599 U.S. Highway 287, Childress, Texas

Corpus Christi - 1701 South Padre Island Drive, Corpus Christi, Texas

Dallas - 4777 E. Highway 80, Mesquite, Texas

El Paso - 1430 Joe Battle Blvd., East Area Office, El Paso, Texas

Fort Worth - 2501 S.W. Loop 820, Computer Training Room, Fort Worth, Texas

Houston - 7721 Washington Ave., Houston District Office, VTC Conference Bldg., Houston, Texas

Laredo - 1817 Bob Bullock Loop, VTC Meeting Room, Laredo, Texas

Lubbock - 135 Slaton Road, Training Center, Lubbock, Texas

Lufkin - 1805 N. Timberland, Lufkin, Texas

Odessa - 3901 E. Highway 80, Large Conference Room, Odessa, Texas

Paris - 1365 N. Main St., Training Center, Paris, Texas

Pharr - 600 West Expressway 83, Pharr, Texas

San Angelo - 4502 Knickerbocker Rd., Building 5-A, San Angelo, Texas

San Antonio - 4615 N.W. Loop 410, San Antonio, Texas

Tyler - 2709 W. Front St., Training Center, Tyler, Texas

Waco - 100 South Loop Dr., District Training Facility, Waco, Texas

Wichita Falls - 1601 Southwest Parkway, Wichita Falls, Texas

Yoakum - 403 Huck, Training Room, Yoakum, Texas

Questions concerning the meeting or this notice should be referred to Don Henderson, Public Transportation Division, (512) 416-2820 or Ginnie Grayson, Public Transportation Division, (512) 416-2867.

TRD-200400543

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 28, 2004